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(영문) 인천지방법원 부천지원 2016.09.07 2016고정893
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant and B, as the members of the “Diplomatic Association” in the Gu Council City C, agreed to hold a title trust with the Defendant’s land and apartment complex to B.

1. Around August 22, 2013, the Defendant and B entered into a title trust agreement with the Defendant to register the land in the name of Kimpo-si, Kimpo-si, Kimpo-si, and received documents, such as a certificate of personal seal impression necessary for the transfer of name.

Accordingly, on October 18, 2013, the Defendant completed the registration of ownership transfer in the name of B, which is based on sale, from the Kimpo-si registry office around October 18.

Accordingly, in collusion with B, the Defendant registered the real right to the said real estate in the name of the title trustee under the title trust agreement.

2. Around January 3, 2014, the Defendant and B concluded a title trust agreement with the Defendant to register under the name of Kimpo-si F apartment 206 dong 1604 B, which was owned by the Defendant, and received documents, such as a certificate of personal seal impression necessary for the relocation of name.

Accordingly, on January 10, 2014, the defendant completed the registration of ownership transfer in the name of B, which is based on sale, to the Kimpo-si Office of Registration of Kimpo-si.

Accordingly, in collusion with B, the Defendant registered the real right to the said real estate in the name of the title trustee under the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol concerning B;

1. Application of each Act or subordinate statute to contain a full certificate of the matters to be registered and a full certificate of the matters registered;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Article 30 of the Criminal Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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